Rep. Sonya M. Harper

Filed: 1/11/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 1980 by replacing
3everything after the enacting clause with the following:
"Article 1.

5    Section 1-5. The Property Tax Code is amended by changing
6Sections 21-295, 21-310, 21-355 as follows:
7    (35 ILCS 200/21-295)
8    Sec. 21-295. Creation of indemnity fund.
9    (a) In counties of less than 3,000,000 inhabitants, each
10person purchasing any property at a sale under this Code shall
11pay to the County Collector, prior to the issuance of any
12certificate of purchase, an indemnity fee set by the county
13collector of not more than $20 for each item purchased. A like
14sum shall be paid for each year that all or a portion of
15subsequent taxes are paid by the tax purchaser and posted to



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1the tax judgment, sale, redemption and forfeiture record where
2the underlying certificate of purchase is recorded.
3    (a-5) In counties of 3,000,000 or more inhabitants, each
4person purchasing property at a sale under this Code shall pay
5to the County Collector a nonrefundable fee of $80 for each
6item purchased plus an additional sum equal to 5% of taxes,
7interest, and penalties paid by the purchaser, including the
8taxes, interest, and penalties paid under Section 21-240. In
9these counties, the certificate holder shall also pay to the
10County Collector a fee of $80 for each year that all or a
11portion of subsequent taxes are paid by the tax purchaser and
12posted to the tax judgment, sale, redemption, and forfeiture
13record, plus an additional sum equal to 5% of all subsequent
14taxes, interest, and penalties. The additional 5% fees are not
15required after December 31, 2006. The changes to this
16subsection made by this amendatory Act of the 91st General
17Assembly are not a new enactment, but declaratory of existing
19    (b) The amount paid prior to issuance of the certificate of
20purchase pursuant to subsection (a) or (a-5) shall be included
21in the purchase price of the property in the certificate of
22purchase and all amounts paid under this Section shall be
23included in the amount required to redeem under Section 21-355,
24except for the nonrefundable $80 fee for each item purchased at
25the tax sale as provided in this Section. Except as otherwise
26provided in subsection (b) of Section 21-300, all money



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1received under subsection (a) or (a-5) shall be paid by the
2Collector to the County Treasurer of the County in which the
3land is situated, for the purpose of an indemnity fund. The
4County Treasurer, as trustee of that fund, shall invest all of
5that fund, principal and income, in his or her hands from time
6to time, if not immediately required for payments of
7indemnities under subsection (a) of Section 21-305, in
8investments permitted by the Illinois State Board of Investment
9under Article 22A of the Illinois Pension Code. The county
10collector shall report annually to the county clerk on the
11condition and income of the fund. The indemnity fund shall be
12held to satisfy judgments obtained against the County
13Treasurer, as trustee of the fund. No payment shall be made
14from the fund, except upon a judgment of the court which
15ordered the issuance of a tax deed.
16(Source: P.A. 100-1070, eff. 1-1-19.)
17    (35 ILCS 200/21-310)
18    Sec. 21-310. Sales in error.
19    (a) When, upon application of the county collector, the
20owner of the certificate of purchase, or a municipality which
21owns or has owned the property ordered sold, it appears to the
22satisfaction of the court which ordered the property sold that
23any of the following subsections are applicable, the court
24shall declare the sale to be a sale in error:
25        (1) the property was not subject to taxation, or all or



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1    any part of the lien of taxes sold has become null and void
2    pursuant to Section 21-95 or unenforceable pursuant to
3    subsection (c) of Section 18-250 or subsection (b) of
4    Section 22-40,
5        (2) the taxes or special assessments had been paid
6    prior to the sale of the property,
7        (3) there is a double assessment,
8        (4) the description is void for uncertainty,
9        (5) the assessor, chief county assessment officer,
10    board of review, board of appeals, or other county official
11    has made an error (other than an error of judgment as to
12    the value of any property),
13        (5.5) the owner of the homestead property had tendered
14    timely and full payment to the county collector that the
15    owner reasonably believed was due and owing on the
16    homestead property, and the county collector did not apply
17    the payment to the homestead property; provided that this
18    provision applies only to homeowners, not their agents or
19    third-party payors,
20        (6) prior to the tax sale a voluntary or involuntary
21    petition has been filed by or against the legal or
22    beneficial owner of the property requesting relief under
23    the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
24        (7) the property is owned by the United States, the
25    State of Illinois, a municipality, or a taxing district, or
26        (8) the owner of the property is a reservist or



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1    guardsperson who is granted an extension of his or her due
2    date under Sections 21-15, 21-20, and 21-25 of this Act.
3    (b) When, upon application of the owner of the certificate
4of purchase only, it appears to the satisfaction of the court
5which ordered the property sold that any of the following
6subsections are applicable, the court shall declare the sale to
7be a sale in error:
8        (1) A voluntary or involuntary petition under the
9    provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been
10    filed subsequent to the tax sale and prior to the issuance
11    of the tax deed.
12        (2) The improvements upon the property sold have been
13    substantially destroyed or rendered uninhabitable or
14    otherwise unfit for occupancy subsequent to the tax sale
15    and prior to the issuance of the tax deed; however, if the
16    court declares a sale in error under this paragraph (2),
17    the court may order the holder of the certificate of
18    purchase to assign the certificate to the county collector
19    if requested by the county collector. The county collector
20    may, upon request of the county, as trustee, or upon
21    request of a taxing district having an interest in the
22    taxes sold, further assign any certificate of purchase
23    received pursuant to this paragraph (2) to the county
24    acting as trustee for taxing districts pursuant to Section
25    21-90 of this Code or to the taxing district having an
26    interest in the taxes sold.



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1        (3) There is an interest held by the United States in
2    the property sold which could not be extinguished by the
3    tax deed.
4        (4) The real property contains a hazardous substance,
5    hazardous waste, or underground storage tank that would
6    require cleanup or other removal under any federal, State,
7    or local law, ordinance, or regulation, only if the tax
8    purchaser purchased the property without actual knowledge
9    of the hazardous substance, hazardous waste, or
10    underground storage tank. This paragraph (4) applies only
11    if the owner of the certificate of purchase has made
12    application for a sale in error at any time before the
13    issuance of a tax deed. If the court declares a sale in
14    error under this paragraph (4), the court may order the
15    holder of the certificate of purchase to assign the
16    certificate to the county collector if requested by the
17    county collector. The county collector may, upon request of
18    the county, as trustee, or upon request of a taxing
19    district having an interest in the taxes sold, further
20    assign any certificate of purchase received pursuant to
21    this paragraph (4) to the county acting as trustee for
22    taxing districts pursuant to Section 21-90 of this Code or
23    to the taxing district having an interest in the taxes
24    sold.
25    Whenever a court declares a sale in error under this
26subsection (b), the court shall promptly notify the county



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1collector in writing. Every such declaration pursuant to any
2provision of this subsection (b) shall be made within the
3proceeding in which the tax sale was authorized.
4    (c) When the county collector discovers, prior to the
5expiration of the period of redemption, that a tax sale should
6not have occurred for one or more of the reasons set forth in
7subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section,
8the county collector shall notify the last known owner of the
9certificate of purchase by certified and regular mail, or other
10means reasonably calculated to provide actual notice, that the
11county collector intends to declare an administrative sale in
12error and of the reasons therefor, including documentation
13sufficient to establish the reason why the sale should not have
14occurred. The owner of the certificate of purchase may object
15in writing within 28 days after the date of the mailing by the
16county collector. If an objection is filed, the county
17collector shall not administratively declare a sale in error,
18but may apply to the circuit court for a sale in error as
19provided in subsection (a) of this Section. Thirty days
20following the receipt of notice by the last known owner of the
21certificate of purchase, or within a reasonable time
22thereafter, the county collector shall make a written
23declaration, based upon clear and convincing evidence, that the
24taxes were sold in error and shall deliver a copy thereof to
25the county clerk within 30 days after the date the declaration
26is made for entry in the tax judgment, sale, redemption, and



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1forfeiture record pursuant to subsection (d) of this Section.
2The county collector shall promptly notify the last known owner
3of the certificate of purchase of the declaration by regular
4mail and shall promptly pay the amount of the tax sale,
5together with interest and costs as provided in Section 21-315,
6upon surrender of the original certificate of purchase.
7    (d) If a sale is declared to be a sale in error, the county
8clerk shall make entry in the tax judgment, sale, redemption
9and forfeiture record, that the property was erroneously sold,
10and the county collector shall, on demand of the owner of the
11certificate of purchase, refund the amount paid, except for the
12nonrefundable $80 fee paid, pursuant to Section 21-295, for
13each item purchased at the tax sale, pay any interest and costs
14as may be ordered under Sections 21-315 through 21-335, and
15cancel the certificate so far as it relates to the property.
16The county collector shall deduct from the accounts of the
17appropriate taxing bodies their pro rata amounts paid.
18Alternatively, for sales in error declared under subsection
19(b)(2) or (b)(4), the county collector may request the circuit
20court to direct the county clerk to record any assignment of
21the tax certificate to or from the county collector without
22charging a fee for the assignment. The owner of the certificate
23of purchase shall receive all statutory refunds and payments.
24The county collector shall deduct costs and payments in the
25same manner as if a sale in error had occurred.
26(Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20.)



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1    (35 ILCS 200/21-355)
2    Sec. 21-355. Amount of redemption. Any person desiring to
3redeem shall deposit an amount specified in this Section with
4the county clerk of the county in which the property is
5situated, in legal money of the United States, or by cashier's
6check, certified check, post office money order or money order
7issued by a financial institution insured by an agency or
8instrumentality of the United States, payable to the county
9clerk of the proper county. The deposit shall be deemed timely
10only if actually received in person at the county clerk's
11office prior to the close of business as defined in Section
123-2007 of the Counties Code on or before the expiration of the
13period of redemption or by United States mail with a post
14office cancellation mark dated not less than one day prior to
15the expiration of the period of redemption. The deposit shall
16be in an amount equal to the total of the following:
17        (a) the certificate amount, which shall include all tax
18    principal, special assessments, interest and penalties
19    paid by the tax purchaser together with costs and fees of
20    sale and fees paid under Sections 21-295 and 21-315 through
21    21-335, except for the nonrefundable $80 fee paid, pursuant
22    to Section 21-295, for each item purchased at the tax sale;
23        (b) the accrued penalty, computed through the date of
24    redemption as a percentage of the certificate amount, as
25    follows:



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1            (1) if the redemption occurs on or before the
2        expiration of 6 months from the date of sale, the
3        certificate amount times the penalty bid at sale;
4            (2) if the redemption occurs after 6 months from
5        the date of sale, and on or before the expiration of 12
6        months from the date of sale, the certificate amount
7        times 2 times the penalty bid at sale;
8            (3) if the redemption occurs after 12 months from
9        the date of sale and on or before the expiration of 18
10        months from the date of sale, the certificate amount
11        times 3 times the penalty bid at sale;
12            (4) if the redemption occurs after 18 months from
13        the date of sale and on or before the expiration of 24
14        months from the date of sale, the certificate amount
15        times 4 times the penalty bid at sale;
16            (5) if the redemption occurs after 24 months from
17        the date of sale and on or before the expiration of 30
18        months from the date of sale, the certificate amount
19        times 5 times the penalty bid at sale;
20            (6) if the redemption occurs after 30 months from
21        the date of sale and on or before the expiration of 36
22        months from the date of sale, the certificate amount
23        times 6 times the penalty bid at sale.
24            In the event that the property to be redeemed has
25        been purchased under Section 21-405, the penalty bid
26        shall be 12% per penalty period as set forth in



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1        subparagraphs (1) through (6) of this subsection (b).
2        The changes to this subdivision (b)(6) made by this
3        amendatory Act of the 91st General Assembly are not a
4        new enactment, but declaratory of existing law.
5        (c) The total of all taxes, special assessments,
6    accrued interest on those taxes and special assessments and
7    costs charged in connection with the payment of those taxes
8    or special assessments, except for the nonrefundable $80
9    fee paid, pursuant to Section 21-295, for each item
10    purchased at the tax sale, which have been paid by the tax
11    certificate holder on or after the date those taxes or
12    special assessments became delinquent together with 12%
13    penalty on each amount so paid for each year or portion
14    thereof intervening between the date of that payment and
15    the date of redemption. In counties with less than
16    3,000,000 inhabitants, however, a tax certificate holder
17    may not pay all or part of an installment of a subsequent
18    tax or special assessment for any year, nor shall any
19    tender of such a payment be accepted, until after the
20    second or final installment of the subsequent tax or
21    special assessment has become delinquent or until after the
22    holder of the certificate of purchase has filed a petition
23    for a tax deed under Section 22.30. The person redeeming
24    shall also pay the amount of interest charged on the
25    subsequent tax or special assessment and paid as a penalty
26    by the tax certificate holder. This amendatory Act of 1995



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1    applies to tax years beginning with the 1995 taxes, payable
2    in 1996, and thereafter.
3        (d) Any amount paid to redeem a forfeiture occurring
4    subsequent to the tax sale together with 12% penalty
5    thereon for each year or portion thereof intervening
6    between the date of the forfeiture redemption and the date
7    of redemption from the sale.
8        (e) Any amount paid by the certificate holder for
9    redemption of a subsequently occurring tax sale.
10        (f) All fees paid to the county clerk under Section
11    22-5.
12        (g) All fees paid to the registrar of titles incident
13    to registering the tax certificate in compliance with the
14    Registered Titles (Torrens) Act.
15        (h) All fees paid to the circuit clerk and the sheriff,
16    a licensed or registered private detective, or the coroner
17    in connection with the filing of the petition for tax deed
18    and service of notices under Sections 22-15 through 22-30
19    and 22-40 in addition to (1) a fee of $35 if a petition for
20    tax deed has been filed, which fee shall be posted to the
21    tax judgement, sale, redemption, and forfeiture record, to
22    be paid to the purchaser or his or her assignee; (2) a fee
23    of $4 if a notice under Section 22-5 has been filed, which
24    fee shall be posted to the tax judgment, sale, redemption,
25    and forfeiture record, to be paid to the purchaser or his
26    or her assignee; (3) all costs paid to record a lis pendens



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1    notice in connection with filing a petition under this
2    Code; and (4) if a petition for tax deed has been filed,
3    all fees up to $150 per redemption paid to a registered or
4    licensed title insurance company or title insurance agent
5    for a title search to identify all owners, parties
6    interested, and occupants of the property, to be paid to
7    the purchaser or his or her assignee. The fees in (1) and
8    (2) of this paragraph (h) shall be exempt from the posting
9    requirements of Section 21-360. The costs incurred in
10    causing notices to be served by a licensed or registered
11    private detective under Section 22-15, may not exceed the
12    amount that the sheriff would be authorized by law to
13    charge if those notices had been served by the sheriff.
14        (i) All fees paid for publication of notice of the tax
15    sale in accordance with Section 22-20.
16        (j) All sums paid to any county, city, village or
17    incorporated town for reimbursement under Section 22-35.
18        (k) All costs and expenses of receivership under
19    Section 21-410, to the extent that these costs and expenses
20    exceed any income from the property in question, if the
21    costs and expenditures have been approved by the court
22    appointing the receiver and a certified copy of the order
23    or approval is filed and posted by the certificate holder
24    with the county clerk. Only actual costs expended may be
25    posted on the tax judgment, sale, redemption and forfeiture
26    record.



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1(Source: P.A. 98-1162, eff. 6-1-15.)
Article 5.

3    Section 5-5. The Housing Authorities Act is amended by
4changing Sections 8.23, 17, and 25 and by adding Sections
58.10a, 25.01, and 25.02 as follows:
6    (310 ILCS 10/8.10a new)
7    Sec. 8.10a. Criminal history record data.
8    (a) Every Authority organized under the provisions of this
9Act shall collect the following:
10        (1) the number of applications submitted for admission
11    to federally assisted housing;
12        (2) the number of applications submitted for admission
13    to federally assisted housing by individuals with a
14    criminal history record, if the Authority is conducting
15    criminal history records checks of applicants or other
16    household members;
17        (3) the number of applications for admission to
18    federally assisted housing that were denied on the basis of
19    a criminal history record, if the Authority is conducting
20    criminal history records checks of applicants or other
21    household members;
22        (4) the number of criminal records assessment hearings
23    requested by applicants for housing who were denied



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1    federally assisted housing on the basis of a criminal
2    history records check; and
3        (5) the number of denials for federally assisted
4    housing that were overturned after a criminal records
5    assessment hearing.
6    (b) The information required in this Section shall be
7disaggregated by the race, ethnicity, and sex of applicants for
8housing. This information shall be reported to the Illinois
9Criminal Justice Information Authority and shall be compiled
10and reported to the General Assembly annually by the Illinois
11Criminal Justice Information Authority. The Illinois Criminal
12Justice Information Authority shall also make this report
13publicly available, including on its website, without fee.
14    (310 ILCS 10/8.23)
15    Sec. 8.23. Notification to leaseholders of the prospective
16presence of individuals with a felony conviction felons in
17housing authority facilities; eviction.
18    (a) Immediately upon the receipt of the written
19notification, from the Department of Corrections under
20subsection (c) of Section 3-14-1 of the Unified Code of
21Corrections, that an individual with a felony conviction a
22felon intends to reside, upon release from custody, at an
23address that is a housing facility owned, managed, operated, or
24leased by the Authority, the Authority must provide written
25notification to the leaseholder residing at that address.



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1    (b) The Authority may not evict the leaseholder described
2in subsection (a) of this Section unless (i) federal law
3prohibits the individual with a felony conviction from residing
4at a housing facility owned, managed, operated, or leased by
5the Authority and (ii) the Authority proves by a preponderance
6of the evidence that the leaseholder had knowledge of and
7consents to the individual's felon's intent to reside at the
8leaseholder's address.
9(Source: P.A. 91-506, eff. 8-13-99.)
10    (310 ILCS 10/17)  (from Ch. 67 1/2, par. 17)
11    Sec. 17. Definitions. The following terms, wherever used or
12referred to in this Act shall have the following respective
13meanings, unless in any case a different meaning clearly
14appears from the context:
15    (a) "Authority" or "housing authority" shall mean a
16municipal corporation organized in accordance with the
17provisions of this Act for the purposes, with the powers and
18subject to the restrictions herein set forth.
19    (b) "Area" or "area of operation" shall mean: (1) in the
20case of an authority which is created hereunder for a city,
21village, or incorporated town, the area within the territorial
22boundaries of said city, village, or incorporated town, and so
23long as no county housing authority has jurisdiction therein,
24the area within three miles from such territorial boundaries,
25except any part of such area located within the territorial



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1boundaries of any other city, village, or incorporated town;
2and (2) in the case of a county shall include all of the county
3except the area of any city, village or incorporated town
4located therein in which there is an Authority. When an
5authority is created for a county subsequent to the creation of
6an authority for a city, village or incorporated town within
7the same county, the area of operation of the authority for
8such city, village or incorporated town shall thereafter be
9limited to the territory of such city, village or incorporated
10town, but the authority for such city, village or incorporated
11town may continue to operate any project developed in whole or
12in part in an area previously a part of its area of operation,
13or may contract with the county housing authority with respect
14to the sale, lease, development or administration of such
15project. When an authority is created for a city, village or
16incorporated town subsequent to the creation of a county
17housing authority which previously included such city, village
18or incorporated town within its area of operation, such county
19housing authority shall have no power to create any additional
20project within the city, village or incorporated town, but any
21existing project in the city, village or incorporated town
22currently owned and operated by the county housing authority
23shall remain in the ownership, operation, custody and control
24of the county housing authority.
25    (b-5) "Criminal history record" means a record of arrest,
26complaint, indictment, or any disposition arising therefrom.



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1    (b-6) "Criminal history report" means any written, oral, or
2other communication of information that includes criminal
3history record information about a natural person that is
4produced by a law enforcement agency, a court, a consumer
5reporting agency, or a housing screening agency or business.
6    (c) "Presiding officer" shall mean the presiding officer of
7the board of a county, or the mayor or president of a city,
8village or incorporated town, as the case may be, for which an
9Authority is created hereunder.
10    (d) "Commissioner" shall mean one of the members of an
11Authority appointed in accordance with the provisions of this
13    (e) "Government" shall include the State and Federal
14governments and the governments of any subdivisions, agency or
15instrumentality, corporate or otherwise, of either of them.
16    (f) "Department" shall mean the Department of Commerce and
17Economic Opportunity.
18    (g) "Project" shall include all lands, buildings, and
19improvements, acquired, owned, leased, managed or operated by a
20housing authority, and all buildings and improvements
21constructed, reconstructed or repaired by a housing authority,
22designed to provide housing accommodations and facilities
23appurtenant thereto (including community facilities and
24stores) which are planned as a unit, whether or not acquired or
25constructed at one time even though all or a portion of the
26buildings are not contiguous or adjacent to one another; and



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1the planning of buildings and improvements, the acquisition of
2property, the demolition of existing structures, the clearing
3of land, the construction, reconstruction, and repair of
4buildings or improvements and all other work in connection
5therewith. As provided in Sections 8.14 to 8.18, inclusive,
6"project" also means, for Housing Authorities for
7municipalities of less than 500,000 population and for
8counties, the conservation of urban areas in accordance with an
9approved conservation plan. "Project" shall also include (1)
10acquisition of (i) a slum or blighted area or a deteriorated or
11deteriorating area which is predominantly residential in
12character, or (ii) any other deteriorated or deteriorating area
13which is to be developed or redeveloped for predominantly
14residential uses, or (iii) platted urban or suburban land which
15is predominantly open and which because of obsolete platting,
16diversity of ownership, deterioration of structures or of site
17improvements, or otherwise substantially impairs or arrests
18the sound growth of the community and which is to be developed
19for predominantly residential uses, or (iv) open unplatted
20urban or suburban land necessary for sound community growth
21which is to be developed for predominantly residential uses, or
22(v) any other area where parcels of land remain undeveloped
23because of improper platting, delinquent taxes or special
24assessments, scattered or uncertain ownerships, clouds on
25title, artificial values due to excessive utility costs, or any
26other impediments to the use of such area for predominantly



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1residential uses; (2) installation, construction, or
2reconstruction of streets, utilities, and other site
3improvements essential to the preparation of sites for uses in
4accordance with the development or redevelopment plan; and (3)
5making the land available for development or redevelopment by
6private enterprise or public agencies (including sale, initial
7leasing, or retention by the local public agency itself). If in
8any city, village or incorporated town there exists a land
9clearance commission created under the "Blighted Areas
10Redevelopment Act of 1947" having the same area of operation as
11a housing authority created in and for any such municipality
12such housing authority shall have no power to acquire land of
13the character described in subparagraph (iii), (iv) or (v) of
14paragraph 1 of the definition of "project" for the purpose of
15development or redevelopment by private enterprise.
16    (h) "Community facilities" shall include lands, buildings,
17and equipment for recreation or social assembly, for education,
18health or welfare activities and other necessary utilities
19primarily for use and benefit of the occupants of housing
20accommodations to be constructed, reconstructed, repaired or
21operated hereunder.
22    (i) "Real property" shall include lands, lands under water,
23structures, and any and all easements, franchises and
24incorporeal hereditaments and estates, and rights, legal and
25equitable, including terms for years and liens by way of
26judgment, mortgage or otherwise.



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1    (j) The term "governing body" shall include the city
2council of any city, the president and board of trustees of any
3village or incorporated town, the council of any city or
4village, and the county board of any county.
5    (k) The phrase "individual, association, corporation or
6organization" shall include any individual, private
7corporation, limited or general partnership, limited liability
8company, insurance company, housing corporation, neighborhood
9redevelopment corporation, non-profit corporation,
10incorporated or unincorporated group or association,
11educational institution, hospital, or charitable organization,
12and any mutual ownership or cooperative organization.
13    (l) "Conservation area", for the purpose of the exercise of
14the powers granted in Sections 8.14 to 8.18, inclusive, for
15housing authorities for municipalities of less than 500,000
16population and for counties, means an area of not less than 2
17acres in which the structures in 50% or more of the area are
18residential having an average age of 35 years or more. Such an
19area is not yet a slum or blighted area as defined in the
20Blighted Areas Redevelopment Act of 1947, but such an area by
21reason of dilapidation, obsolescence, deterioration or illegal
22use of individual structures, overcrowding of structures and
23community facilities, conversion of residential units into
24non-residential use, deleterious land use or layout, decline of
25physical maintenance, lack of community planning, or any
26combination of these factors may become a slum and blighted



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2    (m) "Conservation plan" means the comprehensive program
3for the physical development and replanning of a "Conservation
4Area" as defined in paragraph (l) embodying the steps required
5to prevent such Conservation Area from becoming a slum and
6blighted area.
7    (n) "Fair use value" means the fair cash market value of
8real property when employed for the use contemplated by a
9"Conservation Plan" in municipalities of less than 500,000
10population and in counties.
11    (o) "Community facilities" means, in relation to a
12"Conservation Plan", those physical plants which implement,
13support and facilitate the activities, services and interests
14of education, recreation, shopping, health, welfare, religion
15and general culture.
16    (p) "Loan agreement" means any agreement pursuant to which
17an Authority agrees to loan the proceeds of its revenue bonds
18issued with respect to a multifamily rental housing project or
19other funds of the Authority to any person upon terms providing
20for loan repayment installments at least sufficient to pay when
21due all principal of, premium, if any, and interest on the
22revenue bonds of the Authority issued with respect to the
23multifamily rental housing project, and providing for
24maintenance, insurance, and other matters as may be deemed
25desirable by the Authority.
26    (q) "Multifamily rental housing" means any rental project



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1designed for mixed-income or low-income occupancy.
2(Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
3    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
4    Sec. 25. Rentals and tenant selection. In the operation or
5management of housing projects an Authority shall at all times
6observe the following duties with respect to rentals and tenant
8    (a) It shall not accept any person as a tenant in any
9dwelling in a housing project if the persons who would occupy
10the dwelling have an aggregate annual income which equals or
11exceeds the amount which the Authority determines (which
12determination shall be conclusive) to be necessary in order to
13enable such persons to secure safe, sanitary and uncongested
14dwelling accommodations within the area of operation of the
15Authority and to provide an adequate standard of living for
17    (b) It may rent or lease the dwelling accommodations
18therein only at rentals within the financial reach of persons
19who lack the amount of income which it determines (pursuant to
20(a) of this Section) to be necessary in order to obtain safe,
21sanitary and uncongested dwelling accommodations within the
22area of operation of the Authority and to provide an adequate
23standard of living.
24    (c) It may rent or lease to a tenant a dwelling consisting
25of the number of rooms (but no greater number) which it deems



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1necessary to provide safe and sanitary accommodations to the
2proposed occupants thereof, without overcrowding.
3    (d) It shall not change the residency preference of any
4prospective tenant once the application has been accepted by
5the authority.
6    (e) It may refuse to certify or recertify applicants,
7current tenants, or other household members if, after due
8notice and an impartial hearing, that person or any of the
9proposed occupants of the dwelling has, prior to or during a
10term of tenancy or occupancy in any housing project operated by
11an Authority, been convicted of a criminal offense relating to
12the sale or distribution of controlled substances under the
13laws of this State, the United States or any other state. If an
14Authority desires a criminal history records check of all 50
15states or a 50-state confirmation of a conviction record, the
16Authority shall submit the fingerprints of the relevant
17applicant, tenant, or other household member to the Department
18of State Police in a manner prescribed by the Department of
19State Police. These fingerprints shall be checked against the
20fingerprint records now and hereafter filed in the Department
21of State Police and Federal Bureau of Investigation criminal
22history records databases. The Department of State Police shall
23charge a fee for conducting the criminal history records check,
24which shall be deposited in the State Police Services Fund and
25shall not exceed the actual cost of the records check. The
26Department of State Police shall furnish pursuant to positive



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1identification, records of conviction to the Authority. An
2Authority that requests a criminal history report of an
3applicant or other household member shall inform the applicant
4at the time of the request that the applicant or other
5household member may provide additional mitigating information
6for consideration with the application for housing.
7    (e-5) Criminal history record assessment. The Authority
8shall use the following process when evaluating the criminal
9history report of an applicant or other household member to
10determine whether to rent or lease to the applicant:
11        (1) Unless required by federal law, the Authority shall
12    not consider the following information when determining
13    whether to rent or lease to an applicant for housing:
14            (A) an arrest or detention;
15            (B) criminal charges or indictments, and the
16        nature of any disposition arising therefrom, that do
17        not result in a conviction;
18            (C) a conviction that has been vacated, ordered,
19        expunged, sealed, or impounded by a court;
20            (D) matters under the jurisdiction of the Illinois
21        Juvenile Court;
22            (E) the amount of time since the applicant or other
23        household member completed his or her sentence in
24        prison or jail or was released from prison or jail; or
25            (F) convictions occurring more than 180 days prior
26        to the date the applicant submitted his or her



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1        application for housing.
2        (2) The Authority shall create a system for the
3    independent review of criminal history reports:
4            (A) the reviewer shall examine the applicant's or
5        other household member's criminal history report and
6        report only those records not prohibited under
7        paragraph (1) to the person or persons making the
8        decision about whether to offer housing to the
9        applicant; and
10            (B) the reviewer shall not participate in any final
11        decisions on an applicant's application for housing.
12        (3) The Authority may deny an applicant's application
13    for housing because of the applicant's or another household
14    member's criminal history record, only if the Authority:
15            (A) determines that the denial is required under
16        federal law; or
17            (B) determines that there is a direct relationship
18        between the applicant or the other household member's
19        criminal history record and a risk to the health,
20        safety, and peaceful enjoyment of fellow tenants. The
21        mere existence of a criminal history record does not
22        demonstrate such a risk.
23    (f) It may, if a tenant has created or maintained a threat
24constituting a serious and clear danger to the health or safety
25of other tenants or Authority employees, after 3 days' written
26notice of termination and without a hearing, file suit against



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1any such tenant for recovery of possession of the premises. The
2tenant shall be given the opportunity to contest the
3termination in the court proceedings. A serious and clear
4danger to the health or safety of other tenants or Authority
5employees shall include, but not be limited to, any of the
6following activities of the tenant or of any other person on
7the premises with the consent of the tenant:
8        (1) Physical assault or the threat of physical assault.
9        (2) Illegal use of a firearm or other weapon or the
10    threat to use in an illegal manner a firearm or other
11    weapon.
12        (3) Possession of a controlled substance by the tenant
13    or any other person on the premises with the consent of the
14    tenant if the tenant knew or should have known of the
15    possession by the other person of a controlled substance,
16    unless the controlled substance was obtained directly from
17    or pursuant to a valid prescription.
18        (4) Streetgang membership as defined in the Illinois
19    Streetgang Terrorism Omnibus Prevention Act.
20    The management of low-rent public housing projects
21financed and developed under the U.S. Housing Act of 1937 shall
22be in accordance with that Act.
23    Nothing contained in this Section or any other Section of
24this Act shall be construed as limiting the power of an
25Authority to vest in a bondholder or trustee the right, in the
26event of a default by the Authority, to take possession and



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1operate a housing project or cause the appointment of a
2receiver thereof, free from all restrictions imposed by this
3Section or any other Section of this Act.
4(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
5    (310 ILCS 10/25.01 new)
6    Sec. 25.01. Notification. Before denying an applicant's
7housing application based, in whole or in part, on a criminal
8history record permitted under this Act, the Authority shall
9provide the opportunity for an individual assessment. The
10applicant for housing shall be provided with a clear, written
11notice that:
12        (1) explains why the Authority has determined that the
13    criminal history report it obtained requires further
14    review, including detailed information on whether the need
15    for further review is based on federal law or on the
16    Authority's determination that the criminal history record
17    of the applicant or other household member indicates a risk
18    to the health, safety, or peaceful enjoyment of housing for
19    other residents;
20        (2) identifies the specific conviction or convictions
21    upon which the Authority relied upon when making its
22    decision to deny the applicant's housing application;
23        (3) explains that the applicant has a right to an
24    individualized criminal records assessment hearing
25    regarding the Authority's decision to deny the applicant's



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1    housing application, as set forth in Section 25.02;
2        (4) provides clear instructions on what to expect
3    during an individualized criminal records assessment
4    hearing, as set forth in Section 25.02;
5        (5) explains that if the applicant chooses not to
6    participate in an individualized criminal records
7    assessment hearing, the applicant's application will be
8    denied; and
9        (6) provides a copy of the criminal history report the
10    Authority used to make its determination.
11    (310 ILCS 10/25.02 new)
12    Sec. 25.02. Criminal records assessment hearing.
13    (a) An applicant has the right to an individualized
14criminal records assessment hearing if the applicant's
15application for housing requires further review because of the
16applicant's or another household member's criminal history
17record. The individualized criminal records assessment hearing
18shall allow the applicant or other household member to:
19        (1) contest the accuracy of the criminal history
20    record;
21        (2) contest the relevance of the criminal history
22    record to the Authority's decision to deny the applicant's
23    application for housing; and
24        (3) provide mitigating evidence concerning the
25    applicant's or other household member's criminal



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1    conviction or evidence of rehabilitation.
2    (b) The Authority shall not rent or lease to any other
3person the available housing unit that is the subject of the
4applicant's individualized criminal records assessment hearing
5until after the Authority has issued a final ruling.
6    (c) The Authority shall adopt rules for criminal records
7assessment hearings in accordance with Article 10 of the
8Illinois Administrative Procedure Act.
Article 99.

10    Section 99-99. Effective date. This Act takes effect upon
11becoming law.".